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Madras High CourtCRL OP(MD)/11508/2015allowed

Pandiarajan v. The Inspector Of Police

2015-06-24Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Fourth day of June Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.11508 of 2015 PANDIARAJAN ... PETITIONER(S) / ACCUSED 5 Vs STATE REP BY:: THE INSPECTOR OF POLICE PALLATHUR POLICE STATION, SIVAGANGI DISTRICT, CRIME NO.103 OF 2015 ... RESPONDENT(S) / COMPLAINANT For Petitioner : M/S.CHETTINAD LEGAL SOLUTIONS Advocate For Respondent : MR P KANNITHEVAN Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 109, 120(b), 419, 463, 467, 468 I.P.C. in Crime No.103 of 2015 on the file of the respondent police and hence, seeks anticipatory bail. 2.According to the defacto complainant, the accused have conspired together to grab his property by fabricating documents. 3.The learned counsel for the petitioner submitted that the petitioner is a practising Advocate at Karaikudi and the accused 1 and 2 have approached the petitioner for preparation of sale deed and on the basis of the records, he prepared the sale deed and thereafter, the first accused sold the property to the second accused. 4.The learned counsel further submitted that except preparation of the sale deed, the petitioner had no role in the alleged impersonation committed by the accused 1 and 2. The learned counsel further submitted that the petitioner is an innocent and he has been falsely implicated in this case.

5.The learned Government Advocate (Crl.Side) submitted that the petitioner is a practising advocate and he prepared the sale deed and other accused are still at large. It is further submitted that the petitioner has no bad antecedents.

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5.Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner, with certain conditions. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate, Karaikudi, and on executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that the petitioner shall appear before the respondent police as and when required for interrogation. It is made clear that the other accused in this case shall not take advantage of the order passed in this petition. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. Scrupulously.

6. The petitioner shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed.

am sd/- 24/06/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE KARAIKUDI 2 THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI 3 THE ADDL. PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4 THE INSPECTOR OF POLICE PALLATHUR POLICE STATION, SIVAGANGI DISTRICT, +1. CC to M/S.CHETTINAD LEGAL SOLUTIONS Advocate SR.No.33469 DM 26 JUNE 15 ORDER IN CRL OP(MD) No.11508 of 2015 Date :24/06/2015 2P:6C https://hcservices.ecourts.gov.in/hcservices/